Trademark Registration

Trademark registration helps establish ownership and protect brand of an entity. Early trademark filing will help avoid unnecessary legal tangle.

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What is Trademark Registration in India And How To Register a Trademark?

A trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell; however, most businesses are only looking for a brand name registration or logo registration. Owners of trademarks have exclusive rights to their use under the categories they are registered in (there are a total of 45 categories, called classes).

Trademark registration enables owners to easily establish their right to the trademark in court and earn royalties. It also deters piracy and prevents similar company names from being registered by other businesses. You can conduct a trademark search, to check if your brand name clashes with existing trademarks. In India, you could get a ™ within three days, but it takes up to two years for it to be registered so that you can use the ® symbol.

Trademark Registration Process Online

Fill up the trademark registration form

Trademark search

Selection of class

Trademark application filed: Get TM Number

Affixing the vienna codification

Trademark examination

Hearing before trademark officer/registrar

Before you begin the procedure, you need to fill up the Trademark form mentioning all the relevant details. The form asks for details about your business, in case the trademark is being registered in its name), and the logo, word, slogan you're registering.

Before you go ahead and register, we will run a trademark search to check on the availability of your brand name or logo. If you go ahead with your trade mark registry with Retry Global Solutions, we ensure that a thorough search is conducted. If your brand name or logo has already been trademarked, we would also suggest ways you could modify the application so that there is no objection by the registrar.

Every brand name or logo is registered under a particular class (i.e. a sector of industry). The Trademark Registry has classified goods and services under 45 classes. For example, cars are registered under one class, while restaurants are registered under another. We will recommend the classes you should register under based on the type of business you fall under.

Once you get your Trademark application filed, you will be provided with a TM number from the registrar. The TM number is important for two reasons. One is that it helps you track your application and two, it allows you to use the ™ symbol near your trademark.

This is an important step in the Trademark process. The Vienna Classification or Vienna Codification is an international classification of the elements of marks. Once you have filed an application for a trademark, the Trademark Registrar will affix a Vienna Classification on your trademark. At this stage, the application reads,, ‘Sent for Vienna Codification”.

After your trademark is sent for Vienna Classification, the Trademark Officer will examine your trademark using certain procedures and guidelines. The officer has the right to accept the applications or out forth obligations.

If the officer rejects your application for a trademark, you can apply for a hearing before him. If the officer is satisfied with the points put forward by you, he will pass on your application to the next stage. If he is not satisfied, he will reject your application. In case you are not satisfied with the reason of trademark rejection, you can approach the Intellectual Property Appellate Board. For a hearing.

Retry Global Solutions Trademark Registration Package Includes:

We conduct a thorough search of the TM director.

We prepare an authorization letter , so we can file for trademark registration on your behalf.

We offer you with advice on the classes you need to apply under.

We assist you in filling up the forms with the Registrar

We constantly provide you with updates until the registration process is complete.

What are the Documents required for Trademark Registration?

While filling a trademark with the Trademark Registrar, one has to provide the following documents.

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Name of the applicant

Z

Type of Business

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Main Objectives of the Business

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Name of the Brand/ Slogan/ Logo

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Address of Registration

What can be Trademarked and Who all can Apply for Trademark ?

In India, the following items can be trademarked, Sounds, Colours, Logos, Phrases, Words, Symbols, Images, Initials or a combination of all can be trademarked. The thing to keep in mind is that all of these mentioned above have to identify with the good and services of a particular business form the rest.

Trademarks can be applied by individuals, LLPs, private firms, Indian Companies and even NGOs. In the case of the company or an LLP or an NGO, the trademark has to be registered in the name of the concerned business.

What is a Trademark?

A trademark is essentially a characteristic of your brand. It could be your brand name, your brand’s logo, or even your brand’s slogan. For example, ‘Nike’, the ‘Swoosh’, or the slogan ‘Just Do It’. In some cases, the brand’s name and logo are combined into one, as in the case of BMW, or Coca-Cola. That is called a Logo Composite Mark.

A trademark grants you commercial rights to sell a particular brand name in a certain sector of the economy. There are 45 sectors and each sector is called a class. For instance, Class 28 refers to Toys, Games, and Sports. So if you want to protect your toy brand, you need to make an application under Class 28 and get exclusive commercial rights, to sell your brand of toys under that class.

6 Facts on your Trademark Application

What is a trademark?

Who owns a trademark?

Is my trademark available?

What if the trademark is taken?

What do I need to provide?

How long does it take?

A trademark is essentially a characteristic of your brand. It could be your brand name, your brand’s logo, or even your brand’s slogan. For example, 'Nike', the ‘Swoosh’, or the slogan ‘Just Do It’. In some cases, the brand’s name and logo are combined into one, as in the case of BMW, or Coca-Cola. That is called a Logo Composite Mark.

A trademark grants you commercial rights to sell a particular brand name in a certain sector of the economy. There are 45 sectors and each sector is called a class. For instance, Class 28 refers to Toys, Games, and Sports. So if you want to protect your toy brand, you need to make an application under Class 28 and get exclusive commercial rights, to sell your brand of toys under that class.

If you have a certain brand name, or a logo, or a slogan in mind, we can do a trademark search for you. A simple way to do this yourself, is to just go online to the internet and check if there is a similar company with a similar name to yours, on the internet. You should also check if the domain name of your brand is available or not.

No need to worry. If your trademark brand name is taken, you can prepare a Logo Composite Mark by combining your logo and your name, and apply as one. This is a common strategy used to apply for a trademark, even if the trade name itself has been taken.

You need to give us a signed letter, allowing us to apply for your trademark. This is called an Authorisation Letter. Once an Authorisation Letter has been received, we prepare your documents, make the application for you online, and pay the necessary trademark fees. Almost instantly, you get a confirmation of the application and you can start using the ™ symbol next to your name.

The trademark registration application process is done almost instantly. It can be done within a few hours of you giving us your Authorization Letter. The Government, after we make the application, takes 18 to 24 months, to confirm the registration and give you the confirmed Registration Certificate for your trademark. You can then use the ® symbol next to your name.

Advantages of Trademark Registration

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Legal Protection

If you believe your registered trademark is being infringed, it is easy to establish your right to it in court. If you haven’t registered the word, slogan or logo, you would not be able to do so. Particularly in sectors in which piracy is rampant, trademark registration is essential.

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Business Opportunity

A trademark is an intangible asset that can be enormously valuable, should your brand succeed. Think of Tide, Nike or McDonald’s. Businesses can earn huge money in royalties through licensing agreements or even transfer ownership to interested parties through assignment agreements.

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Unique Identity

You would want your customers to identify your products or services with yours only. Registering your trademark is the first step toward ensuring this. The court would then stop any similar words or slogans from being registered.

Different Trademark Symbol and Usage

In India, the TM, R and C symbols are commonly used for trademarking. For a clear understanding, let us look at some of the common usages of the above mentioned symbols.

® – R SYMBOL

You are given the ® – R Symbol to use as soon as you file an application for a trademark with the registrar. You can use this symbol to protect your trademark from an infringement, under the trademark laws.

Please note, you can only use the ® – R Symbol if you have applied for a trademark registration, applying for one without a registration is illegal.

SM SYMBOL

The SM symbol concerns those in the service industry. This symbol is generally filed under the class 35 – 45. This is generally used in connection with a service mark like banking, legal services, etc. Just like the ™ symbol, a person with a SM mark is not guaranteed protection under the trademark law.